43
should ideally represent – are often daily, on-the-ground issues, rather than more profound
theoretical concepts. In some senses, citizens do not appear to be at the forefront of civil
society organization democratization efforts, which seem to be more focused on the government
and the international community, rather than on beneficiaries or constituents.
76
Legal Context and Background
Until recently, Somaliland civil society operated without a clear legal basis.
77
In 1994, the
Ministry of Interior proposed a draft law that was considered hostile to the sector, and the draft
was withdrawn following civil society opposition. As the sector continued to grow in size and
importance – receiving both significant resources relative to other sectors in Somaliland and
serving as a major employer – so did scrutiny of the need for regulation. In October 2010, the
Somaliland Non-Governmental Organizations Act
(“the NGO Act,” No: 43/2010) was approved
by parliament, and soon after was signed by the president via
Presidential Degree No:
0082/112010
.
The NGO Act sets forth the following specific purposes:
78
1.
To encourage NGOs to participate in the development of the country.
2.
To confer legal personality for NGOs as legally constituted organizations.
3.
To coordinate NGO activities so that they align with the
National Development Plan
.
4.
To encourage the capacity and independence of community-based organizations.
5.
To improve NGO accountability and transparency.
While the NGO Act has been generally well-received, some provisions have been met with
concern among certain stakeholders, particularly with regard to international organizations.
These include Article 35,
79
under which an international organization may not become an
implementing partner of another international organization or UN agency, unless no national
partners can fill the required capacity, and Article 36, which stipulates that dissolved or
terminated organizations transfer their assets to the Ministry of National Planning and
Development. The government of Somaliland has acknowledged such concerns directly,
76
This sentiment has been echoed in relation to the Academy for Peace and Development’s lessons learned from
election support: “Despite the involvement of certain organizations and individuals in the electoral process in
different capacities, these civic organizations lacked the power to put pressure on the parties to adhere to the terms
of the agreement or face off pressure from the government and other groups. One explanation might be that civic
organizations tend to be outward looking instead of inward looking, meaning that they are more accountable and
connected to their donors than the locals they claim to represent.”
77
The Somaliland constitution guarantees the rights to association, assembly, expression and press.
78
Somaliland Non-Governmental Organisations (NGOs) Law, No. 43/2010, Republic of Somaliland (2010).
Online. <
>.
79
According to Article 35, “1. International NGOs must encourage investment in national NGOs and should avoid
open competition with them for activities that they can implement competently to strengthen the capacity of
national NGOs for quality service delivery; 2. The programs of international NGOs shall be aligned with the
National Development Plan
of the Country. International NGOs should encourage and develop tangible
achievements while supporting national NGOs in improving and building upon existing strengths in order to attain
continuance and sustainability; 3. International NGOs shall not become implementers for other international NGOs
and UN organizations working in the country.”
